(“TERMS AND CONDITIONS”)

Clause

Title

Terms and Conditions

  • 1

Promotion Details, Concept and Participation

The promotion launched by Coca-Cola India Private Limited (“CCIPL”) comprises of activities which the Eligible Persons have to perform to get access to play the “Wheel of Fortune” which is a lucky draw or earns points and be placed on the leader board to win defined cash rewards as the case maybe (“Promotion”).
The Promotion is open for participation to Eligible Persons residing and working within the states of Punjab, Haryana, Himachal Pradesh, West Bengal, Madhya Pradesh, Chattisgarh, Maharashtra, Uttar Pradesh, Delhi and Andhra Pradesh (“Territory”) of the authorized bottlers of The Coca-Cola Company in India namely:

  1. Amrit Bottlers Private Limited
  2. Brindavan Agro Industries Private Limited
  3. Brindavan Beverages Private Limited
  4. Brindavan Bottlers Private Limited
  5. Bengal Beverages Private Limited
  6. Diamond Beverages Private Limited
  7. Enrich Agro Food Products Private Limited
  8. Kandhari Beverages Private Limited
  9. Ludhiana Beverages Private Limited
  10. Moon Beverages Limited
  11. Narmada Soft Drinks Private Limited
  12. Sri Sarvaraya Sugars Limited
  13. Superior Drinks Private Limited
  14. Udaipur Beverages Limited
  15. Wave Beverages Private Limited

(“Authorized Bottlers”)

Promotion is valid in all Territory of Authorized Bottlers except for the state of Tamil Nadu (“Promotion  Territory”).
Authorized retailers of the Authorized Bottlers (“Retailers”) and the front end sales team of the Authorized Bottlers who service these Retailers in the Promotion Territory (“MGR”) who qualify to be Eligible Persons (defined below) shall collectively be referred to as “Participants”.
The Promotion is divided in two categories:

  1. The first category is applicable on the Retailers who are invited to download Coca-Cola Star Partner (“Retailer APP”) by agreeing to the applicable terms and conditions, on their mobile phones to participate in the Promotion. (“Promotion Retailers”).
  2. The second category is applicable on MGR who are invited to download Coca-Cola Star Partner (“MGR APP”) by agreeing to the applicable terms and conditions, on their mobile phones to participate in the Promotion (“Promotion MGR”).

Retailers under this Promotion get a chance to participate:

  1. In “Daily Wheel of Fortune” and a chance to win denominations in the range of INR 0, INR 5 (Five), INR10 (Ten), INR 15 (Fifteen), INR 20 (Twenty), INR 25 (Twenty Five) or INR 50 (Fifty) daily.
  2. By performing three (3) activities a week Retailers also get a chance to participate in “Weekly Wheel of Fortune” and get a weekly chance to win denominations in the range of INR 0, INR 100 (One Hundred) , INR 200 (Two Hundred) , INR 400 (Four Hundred), INR 600 (Six Hundred), INR 800 (Eight Hundred)  or INR 1000 (One Thousand).
  3. By performing 30 activities over the course of the Promotional Period Retailers can get a chance to participate in ‘Mega Wheel of Fortune’ and get a chance to win denominations in the range of INR O, INR 2000 (Two Thousand), INR 5000 (Five Thousand), INR 10,000 (Ten Thousand), INR 20,000 (Twenty Thousand), INR 1,00,000/ - (One Lakh).  (“Promotion Retailer Prize”)

MGR by performing activities detailed in this Promotion will get a chance to win cash prize in denomination of INR as determined by the Authorized Bottler (“Promotion MGR Prize”).
Promotion Retailer Prize and Promotion MGR Prize shall collectively be known as “Prize” or “Prizes”.
The Retailer APP and MGR APP shall be available for download on Google Play Store and App Store throughout the Promotion Period. Retailers and MGR outside the Promotion Territory understand and agree that they are not permitted to participate in the Promotion and further, agree not to raise any claim or complaint against CCIPL or its agents in this respect.
Further the Retailer APP and MGR APP may continue to be available on Google Play Store and App Store even after the Promotion Period. However, the Retailers and MGR understand and agree that they will not be permitted to participate in the Promotion after the expiration of the Promotion Period and further, agree not to raise any claim or complaint against CCIPL or its agents in this respect.
The Promotion may be advertised and promoted, inter alia, through media including radio, digital media, point of sale materials, outdoor publicity through banners, posters, billboards, public announcements, website and other available media.
The Promotion is subject to all applicable central, state and local laws and regulations. These Promotion terms and conditions (“Terms”) will be hosted at www.coca-cola.com (“Promotion Website”).

  • 2

CCIPL and Partners

This Promotion is sponsored by CCIPL, having its corporate office at 16th floor, One Horizon Center, Golf Course Road, DFL Phase V, Sector 43, Gurgaon.
This Promotion is administered by    Premier Sales Promotion Private Limited (“Agency”)      which shall conceptualize the SMS/IVR for the Promotion Period, provide its technology platforms to CCIPL, including servers, bandwidth and other infrastructure including logistics as required, application design and development, leading up to the handing over of list of winners along with relevant documents to CCIPL.

  • 3

Deemed acceptance of terms and conditions

Entry and participation in this Promotion will be deemed as an unconditional and an unequivocal acceptance of these Terms, including any modifications, revisions and amendments thereto. The decisions of CCIPL and/or Agency shall be final and binding on the Participants in all matters related to the Promotion. Further, the Participants recognize that these Terms may be modified by CCIPL from time to time without any prior/public notice by posting the applicable terms and conditions on the Promotion Website. CCIPL also reserves the right to cancel or terminate the Promotion at any stage without assigning any reasons whatsoever. Successfully entering the Promotion and winning a Prize is subject to all requirements set forth herein.

  • 4

Promotion Period

This Promotion shall commence at 00:00:01 am Indian Standard Time (“IST”) on July  15,  2018 (“Start Date”) and shall continue until September 30, 2018 11:59:59 pm IST (“End Date”).
(The Period between the Start Date and End Date shall be called the “Promotion Period”).
The valid timings for performing the prescribed procedure under these Terms for the Promotion are between 12:00:00 am and 11:59:59 pm each day of the Promotion Period (“Promotion Timings”).

  • 5

Eligibility

Subject to the criteria of Promotion Territory, entry and participation in this Promotion is open to Participants who satisfy each of the following criteria (“Eligible Persons”):

  • -are of the age of 18 (eighteen) years or above,
  • -own a valid cellular GSM or CDMA phone connection that is accessible at all times.
  • -Have successfully downloaded the Retailer APP or MGR APP (as applicable) in accordance with the Terms, on their mobile phones.
  • -Has a valid and operative “Paytm Account” to receive electronic transfer of case prize  in case he/she wins in Wheel of Fortune or as an MGR.                  
  • -are not management, employees, directors or contractors, or the family of the management, employees, directors or contractors of Retailers or MGR or Agency , their related entities or other agencies, firms or companies associated with or related to the Promotion (including suppliers of Prizes).-

Please note that participation from the Retailers or MGR of the state of Tamil Nadu shall be declared as null and void and shall not be taken into consideration for the purpose of determining the winners of the Prize.

If any Eligible Person has listed his/her phone numbers on the National Do Not Call Registry (“NDNC Registry”), he/she shall de-register from the NDNC Registry prior to participating in the Promotion, till the completion of the Promotion (including availing of the Prize (if applicable) under the Promotion). Such persons agree not to make any claim or raise any complaint whatsoever against CCIPL or Agency in this respect. Please note that persons intending to participate in the Promotion who have not de-registered themselves from the NDNC Registry shall also have no right to make any claim or raise any complaints against CCIPL or Agency if they do or do not receive any call or SMS or notification with respect to their application, participation and all other matters pertaining to the Promotion.
By participating in the Promotion, each Participant hereby agrees to receive details and information on this Promotion, on their respective mobile phones, through SMS or voice calls or notification, during the entire tenure of the Promotion.

  • 6

How to enter the Promotion

Promotion Retailers
Retailers are required to install the Retailer APP on his/her mobile phone anytime during the Promotion Period by agreeing to the applicable Terms.

Promotion MGR
MGR is required to install the application MGR APP on his/her mobile phone anytime during the Promotion Period by agreeing to the applicable Terms.

  • 7

Participating in the Promotion

Participants wishing to enter the Promotion may do so through the following steps:
Promotion Retailers

  1. The Retailer after successfully downloading the app would be required to perform certain activities in his/her retail outlet i.e. capture and upload a specified number of clear and visible picture of the display at his/her outlet or the POSM placed in his/her outlet (“Image based Activity”)/or answer relevant questions related to Promotion Retailers on the Retailer App (“Reply based Activity”). Image based Activity and Reply based Activity under this Promotion shall collectively be referred as “Activity”.
  2. On performing the Activity, the Retailer gets an opportunity to participate in the lucky draw on the Retailer APP (“Wheel of Fortune”).
  3. Wheel of Fortune can be classified into 3 (Three) categories:
    1. The Retailer on performing the Activity once in a week during the Promotion Period shall get an opportunity to win the Daily Promotion Retailer Prize as defined below (“Daily Wheel of Fortune”).
    2. The Retailer on performing the Activity 3 (Three) times in a week during the Promotion Period shall get an opportunity to win the Weekly Promotion Retailer Prize as defined below (Weekly Wheel of Fortune”).
    3. The Retailer on performing the Activity 30 (Thirty) times during the Promotion Period shall get an opportunity to win the Mega Promotion Retailer Prize as defined below (“Mega Wheel of Fortune”).

      It is clarified that the Retailer can perform the Activity only once each day during the Promotion Period.

  4. All the earnings from the Wheel of Fortune shall be added to the Retailer’s my winnings account in the Retailer APP which can be redeemed after the End Date of the Promotion. The redemption shall be instant and electronic through Paytm e-wallet.
  5. Physical cash prizes will not be given under this Promotion.

Promotion MGR

  1. The MGR can participate in the Promotion in accordance with the Terms, by successfully downloading the MGR APP and enrolling Retailers to download the Retailer APP in his/her Territory (“Enrollment”). The progress of the outlets enrolled by the MGR shall be displayed on the MGR APP.
  2. Further, the MGR is required to activate the outlet that he has enrolled. (“Activation”). On each Activation, the MGR shall earn specified points and get an opportunity to win the Promotion MGR Prize.

If the Activity is performed or the Enrollment is done before the commencement of the Promotion Period, such Retailer or MGR as the case may be, shall receive a notification in the Retailer APP or MGR APP respectively, requesting him/her to participate during the Promotion Period.


If the Activity is performed or the Enrollment is done after the completion of the Promotion Period, such Retailer or MGR as the case may be, shall receive a notification in the Retailer APP or MGR APP respectively, informing that the Promotion is over.


If the Participants do not follow the prescribed format for Activation or Enrolment as mentioned in the Terms, Retailer or MGR as the case may be will receive a notification informing him/her of the required procedure along with a request to reapply.


Please note that downloading of Retailer APP and MGR APP doesn’t require any cost to be paid by the Participants.
Entry by proxy is not permitted. Participants can only enter in their own name.

  • 8

Prizes and Winners

Promotion Retailer Prize

  1. Winner of the Daily Wheel of Fortune get a chance to win in the denominations of INR 0, INR 5 (Five), INR10(Ten), INR 15(Fifteen), INR 20 (Twenty), INR 25 (Twenty Five) or INR 50 (Fifty) daily (“Daily Promotion Retailer Prize”).
  2.  Winner of the Weekly Wheel of Fortune get an opportunity to win in the denominations of INR 0, INR 100 (One Hundred) , INR 200 (Two Hundred) , INR 400 (Four Hundred), INR 600 (Six Hundred), INR 800(Eight Hundred)  or INR 1000 (One Thousand) (“Weekly Promotion Retailer Prize”).
  3.  Winner of the Mega Wheel of Fortune get an mega opportunity to win in denominations of INR 0 (Zero), INR 2000 (Two Thousand), INR 5000 (Five Thousand), INR 10,000 (Ten Thousand), INR 20,000 (Twenty Thousand), INR 1,00,000/ - (One Lakh). (“Mega Promotion Retailer Prize”).

Promotion MGR Prize
A leader board shall be displayed on the MGR APP showing the number of points collected (in descending order) by each MGR under a Territory (“Leader board MGR”)
Promotion MGR Prize) winners in each Territory will be determined by the management of Authorized Bottler. 

  1. MGR who occupies the 1st position on the Leader board MGR shall win an amount as indicated for his/her bottler unit. (“Rank 1 MGR”)
  2. MGR who occupies the 2nd position on the Leader board MGR shall win an amount as indicated for his/her bottler unit. (“Rank 2 MGR”)
  3. MGR who occupies the 3rd position on the Leader board MGR shall win amount as indicated for his/her bottler unit. (“Rank 3 MGR”)
  • 9

Selecting the winners

  1. The Participants will be eligible to receive the Prize subject to the Terms detailed herein.
  2. The Participants acknowledge not to raise any claim or complaint against CCIPL and/or Agency  for their inability to participate in the Promotion due to technical failure in the Retailer APP or MGR APP or any other causes beyond the control of CCIPL or Agency.          
  3. For determining the winner of daily Wheel of Fortune under Promotion Retailers, Agency will conduct the lucky draw through computerized random selection which shall be done each day for determining the winner of Weekly Wheel of Fortune, each week on Sunday for determining the winner of Weekly Wheel of Fortune and on the End Date for determining the winner of Mega Wheel of Fortune.
  • 10

Conditions relating to the Prize

CCIPL shall not be held responsible for any deficiency, defect, inadequacy or irregularity in the Prize(s). The winner(s) may not exchange or assign the Prizes, and shall not be entitled to any compensation whether in cash or kind from CCIPL or Agency.
No portion of the Prizes offered under the Promotion is redeemable for cash. The Prizes are also not refundable or transferable.

  • 11

Publicity

The Participants undertake and irrevocably and unconditionally permit CCIPL to cover the Promotion through various media including and shall not raise any objection, protest or demur whatsoever to such coverage or in this regard. Further, the Participants also understand and agree that their responses may be publicised as part of this Promotion.
The winners must, at the request of CCIPL, participate in all promotional activity (such as publicity and photography) surrounding the winning of the Prize, free of charge, and they consent to CCIPL using their name and image in all promotional materials.

  • 12

 

Intellectual Property

All right, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s), and in any and all responses received, or other materials created during or for the Promotion, or otherwise, shall vest solely and exclusively with CCIPL at all times. CCIPL or any person or entity permitted by CCIPL in this regard shall be entitled to use any information in connection with the participation under the Promotion, in any media for future promotional, marketing, publicity and any other purpose, without any permission and or payment to the Participant.
All material submitted in connection with the Promotion (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Participants are assigned to CCIPL upon submission and become the property of CCIPL exclusively. CCIPL may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of CCIPL.

  • 16

General Conditions

  1. Each Participant represents and warrants that he/she is legally competent to enter into binding contracts under applicable laws. By taking part and/or entering this Promotion the Participant warrants that all information provided by him/her regarding his/her name, age, state, city, address, phone number, etc., is true, correct, accurate and complete.
  2. CCIPL may, at any time, verify or authorize verification of the Participant (including such Participant’s identity, age, place of residence and affiliations) and disqualify any Participant (at any stage of the Promotion) if it is found that such Participant has participated or submitted any documents that is inconsistent with these Terms.
  3. CCIPL may, disqualify any Participant if such Participant engages in or it is found that such Participant has engaged in any illegal, unlawful or improper conduct (with regard to the Promotion or otherwise).
  4. The decision of  Agency as regards the selection of winners, denominations of Prizes is subject only to CCIPL’s approval. No correspondence or any other claims whatsoever, in this regard will be entertained. The Prizes cannot be exchanged and are not transferable or refundable. Further, the Prizes are not redeemable for cash or any monetary benefits in kind.
  5. CCIPL reserves the right at its sole discretion to cancel, terminate, postpone, modify or suspend the Promotion in whole or in part at any time including if, for any reason, the Promotion is not capable of running as planned, including due to any technical failure or any other causes beyond the control of CCIPL or  Agency  and will not be liable for any consequential losses/damages. All winners and/or Participants agree that no claims or complaints may be raised against CCIPL, Agency  or any of their affiliates, representatives, associates etc. in this respect. Any decision of CCIPL in this regard and in general with respect to this Promotion and the Terms thereto shall be final, binding and non-contestable.
  6. CCIPL further reserves the right to modify or cancel the Prizes offered under this Promotion, at its sole and absolute discretion. The winners and/or the Participants agree that no claims or complaints whatsoever may be raised against CCIPL, Agency  or any of their affiliates, representatives, associates etc. in this respect.
  7. Participants shall follow all directions/rules and regulations (whether communicated in written form or verbally) framed by CCIPL or Agency at all times in connection with the Promotion. Any deviation or objection by any Participant(s) may result in their disqualification from the Promotion.
  8. The Participant(s) hereby undertake to provide and/or execute any documents as may be deemed necessary by CCIPL to effectively carry out his/her obligations under the Promotion and/or its Terms.
  9. Nothing contained herein amounts to a commitment or representation by CCIPL to conduct further promotions.
  10. The decision of CCIPL shall be final in all regards and no communication shall be entertained in this regard. None of the provisions of these Terms shall be deemed to constitute a partnership or agency between any Participant and CCIPL and the Participant shall not have the authority to bind CCIPL in any manner whatsoever.
  11. CCIPL,   Agency and other agents of CCIPL shall not be liable to perform any of their respective obligations under the Promotion or in respect of the Prizes where they are unable to do so as a result of circumstances beyond their control in the nature of fire, explosions, natural calamities, state emergency, riots, government restrictions or any other Force Majeure condition, etc., and shall not be liable to compensate the winners or the Participants in these circumstances.
  12. Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of CCIPL or  Agency  .
  13. Winners and Participants undertake not to, at any time, disclose, reveal, communicate or otherwise make public any information relating to CCIPL, their respective business, personnel, servants, agents or officers to anyone.
  14. CCIPL accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, communication, documents, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. CCIPL shall not liable for any consequences of user error including (without limitation) costs incurred. In addition if the documents and other requirements are lost, damaged, defaced, tainted, illegible or corrupted on account of the fault or deficiency of the Postal Services, CCIPL shall not be under an obligation to entertain such documents and CCIPL may at its sole discretion choose to disentitle the winner from his/her Prize. CCIPL is not obliged to inform such a winner of the disentitlement; however, it may choose to bring the same to the notice of the winner through any of the means available to it.
  15. If a Participant is dissatisfied with the Promotion or the Promotion Terms, his/her sole and exclusive remedy is to not participate in the Promotion.
  16. The general terms and conditions and privacy policy on the Promotion Website shall be applicable in addition to these Terms.
  17. Neither CCIPL or   Agency shall be required to publish or disclose any personal details about the winners of the Promotion (excluding the names of the winners which may be published on the Promotion Website), including but not limited to their telephone number, address, etc., as such disclosure shall amount to violation of the privacy rights of winners.
  18. Please note that neither CCIPL, Agency or any of its affiliates, representatives etc. shall be responsible for any disruption, disturbance or disconnection in the phone line and any undelivered, and/or incomplete SMS, notification and all disputes, complaints, claims shall be raised with the Telecom Service Provider only.
  19. These Terms may be altered by CCIPL at its sole and absolute discretion and without any notice to the winners and/or Participants.
  • 17

Release and Limitations of Liability

  1. By entering the Promotion, the Participants hereby release from and agree to indemnify CCIPL, Agency and/ or any of their respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the Prize or participation in the Promotion including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
  2. CCIPL and Agency accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of themselves or third parties in relation to the Prizes. CCIPL, Agency and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for any late, lost, misrouted, garbled or distorted or damaged transmissions on the Retailer APP or MGR APP.
  3. The Participant(s) shall be solely responsible for any consequences which may arise due to their participation in the Promotion by conducting an illegal act. Participant(s) also undertakes to indemnify CCIPL and/or Agency and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by CCIPL or Agency on account of such act on the part of the Participant. Participant(s) hereby agree to indemnify, defend and hold harmless CCIPL in case of any loss or liability (including but not limited to liabilities, judgments, damages, losses, fines and penalties, claims, costs and expenses such as attorneys’ fees and expenses) or any other loss associated with, arising out of or incidental to their ineligibility to participate, any untoward, rash or negligent act on their part, or non-compliance or alleged non-compliance with these Terms, any other rules, regulations, directives (whether written or verbal) issued by CCIPL or  Agency from time to time, during the Promotion.
  4. To the fullest extent permitted by law, in no event will CCIPL or Agency or any of their officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that CCIPL or Agency may engage for purposes of the Promotion), be liable for any loss or damages (including, without limitation loss of income, profits or goodwill, indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Promotion and/or the Promotion Prizes, even if CCIPL or Agency has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. The Participant shall indemnify, defend, and hold CCIPL and Agency   harmless in the event of there being any third party/entity/organization claims arising from or related to his/her participation in the Promotion. In no event shall CCIPL and  Agency   be liable to any Participant for acts or omissions arising out of or related to the Promotion or his/her participation in the Promotion.
  5. In consideration of CCIPL allowing the Participant(s) to take part in the Promotion, to the maximum extent permitted by law, the Participant(s) waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against CCIPL, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the Promotion or related to the Promotion or the Prizes of the Promotion.
  • 18

Dispute

  1. The courts of competent jurisdiction at Gurgaon shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Promotion.
  2. Participation in the Promotion is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this clause.
  3. Further all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Participants and/or CCIPL and/or partners of this Promotion, shall be governed and construed in accordance with the laws of the Republic of India.